24r A ,ggr Defence files Motion charging
Commissioner of Prisons
with Contempt, violating the
"Consent Order'.
a September- Legal Counsel for Bernard and,
Phyllis Coard appear in High
Court for the first time.
Trial fixed 'for mention" on
September 4th.
4tMSeprw ber Trial fixed for October 1st.
A~I&_SepW ner Chief Justice Nedd disqualifies
himself.
24iZSe_1sarlbw High Court dismisses Defence
Motion charging Commission-
er of Prisons with Contempt
tat OQcaer Murder Trial set down for
February 4th Assizes.
Arn f Octoer Further Defence Motion charg-
ing Commissioner of Prisons
with Contempt withdrawn.
Defence Appeal against High
Court Judgement of 24th
September withdrawn.
Defence Motion before the High
Court claiming that "massive,
deliberate, pre-trial publicity and
all-pervasive prejudice" denied
the accused the constitutional
right to a "fair trial" and challenge
ing the jurisdiction of the Court
to hear the matter. The Motion
also challenged the validity of
Act 1'1985. Motion set
down for October 10th.
.IAr Octer Defence "Fair Trial' Motion set
down for November 21st.
Z I Biperhear Defence "Fair Trial" Motion set
dov n for February 4th
Assizes.

25aMw High Court strikes out Defence
"Fair Tial" Motion and declares
it an abuse of the process of the
Court.
3Apl Defence lodges appeal against
judgement of 25th March striking
out ":Fair Trial" Motion.
SApril Defence applies for stay of trial
proceedings until the Fair Trial"
Motion appeal is heard.

High Court rules no breach of
law in summoning of jury
panel by Registrar Miss
Denise Campbell.

Chief Justice Byron refuses
application for stay of trial
proceedings.
High Court rules Miss Denise
Campbell did not,
at any time. have a dual role of
Registrar and member of the
Prosecuting team,
Acting Chief Justice Byron rejects
Defence suggestion that he
disqualify himself on the
grounds of bias.
Defence Team announces
withdrawal from representing
accused in trial while continuing
representation in Appeal Court.

Chief Justice refused permission
to Defence Team to withdraw
partially from representation of
accused.
Deience Team withdraws
completely from representation
of the accused.

Accused fail to plead to charges
when called upon to do so.
COd^nrflUK PAtSE 14

~---~ -----------------

,,

4AAir Maw

(Page 4 Saturday 6th December 1986 The Grenada Newsletter

ItJAL FROM FAG 2
jMr Byron was then
dealing with the
evidence of Vernon
Gabriel. formerly a
|member of the PRA,
fwho was originally one
fof the accused but who
*was pardoned on
condition he give full
:and true" evidence for
ithe Prosecution.
i"From the evidence",
te Chief Justice said,
1"it appears that Gabriel
Discharged his firearm
lat one or more of the
!deceased, and that be
took part in the disposal
ota the bodies".
Accomplice
The jury would have to
decide whether Gabriel
was an accomplice. Mr
Byron said, and he
expressed the view that
Gabriel's evidence is
"capable of corrobor-
ation in several mat-
erial particulars.

-Exami ng Gabriel's
evidence. and compar-
ung it with the evidence
iot other Prosecution
witnesses, the Chief
justice said Gabriel's
evidence is capable of
,corroboration in at least
,two areas.

lThe first is that,
following the bombard-
ment of the Operations
Room, Maurice Bish-
jup, Jacqueline Creft,
i nison Whiteman Fitz-
Bain and "other
asters" were taken to
e top square of the
ort and lined up
Against a wall.

!The second area of
corroboration is that
these persons were shot
down by Callistus
!Bernard, Vincent Jos-
leph, Andy Mitchell and
|Cosmos Richardson

e Chief Justice also
examined evidence of
Mr Tony Buxo who
testified that, on the day
iof the killings, from a
roemontory "overlook-
ang accused Bernard
_.oard 's home, he had
seen, through a power-
Iful telescope, several
Members of the NJM
enwral Committee

attending a meeting at
Coard's home.

The accused deny that
this meeting took place
but, examining their
unsworn statements and
signed statements given
the Police, Mr Byron
pointed out that all the
accused, identified by
Mr Buxo as being at
Coard's home at that
time, had themselves
said they were there.

"All the people Mr
Buxo said he had seen
at Bernard Coard's",
the Chief Justice told
the jury, "themselves
said they were there that
day. It is for you to
conclude whether this
witness' evidence is
truthful or not".

When the Court sat on
November 27th, the
Chief Justice told the
jury that evidence
given in the trial
indicates that, by 18th
October 1983, the day
before Bishop and
others were gunned
down, the Peoples
Revolutionary Govern-
ment was in complete
disarray.

This was Mr Byron's
seventh day of sum-
ming up and he was
going over the evi-
dence, reading parts of
the testimony which he
said were significant for
the jury in coming to
their verdicts.
House Arret
On the day before the
murders, the Judge
said. Prime Minister
Bishop was under
iiouse arrest together
with his Minister for
Education. Jacqueline
Creft. Also under
arrest, he said, were Mr
George Louison, Min-
ister of Agriculture, and
Mr Kendrick Radix,
Minister for Legal
Affairs.

The Chief Justice said
there was evidence that
the issue of "joint
leadership", to be
shared by Bishop and
Bernard Coard, had led
to open coilfrontation in

the NJM. On one side
of the dispute were 10
of the persons in the
dock. Those persons
were supported by the
Army, "and Bishop and
his supporters were on
the other side.
Trip
After dealing with
testimony covering a
NJM Central Committee
meeting in September
1983, when the "joint
leadership" proposal
was first put forward,
Mr Byron went through
the evidence starting
with 8th October 1983.
the date Bishop returned
from a trip from behind
the "iron curtain".

He reminded the jun- of
testimony covering that
date until 13th October
1983, (what he called
the "background'),
which testimony indic-
ated a growing tension
in Grenada.

On 13th October 1983.
there was a meeting of
the Central Committee
and evidence indicates
that Bishop was put
under house arrest on
that date.

The evidence of popular
unrest, with public
demonstrations, in the
period 13th to 18th
October. was dealt with
by the Chief Justice
and, against the
evidence put forward by
the Prosecution, Mr
Byron highlighted what
the accused have said
in their unsworn de-
fence statements from
the Dock.

The Chief Justice s
summing up on this day
(27th) came to an end
with a review of
testimony covering the
actual killings at Fort
Rupert on 19th October
1983. of which there
were several eye-
witnesses.

"That is the evidence the
Prosecution has add-
uced as to the way each
of the eleven persons
met their deaths", he
told the jur-y.

The next sitting of the
Court was on Monday
1st December and, on
that day, Chief Justice
Byron outlined for the
jury what he called the
"chain of circum-
stances" in the Pros-
ecutions's case.
'The evidence led", he
said, "is intended td
show that the majority
of members of the Newj
Jewel Movement Cen-1
tral Committee, include
ing 10 of the accused
and supported by the
NJM and Army, in-
tended to impose
Bernard Coard as 'joint
leader', despite Maurice
Bishop's objections"

Thatintention, the Chi e
Justice said, created a
rift in the Party, and
before 19th October
1983, the day Bishop,
died, Bishop, Jacque-
line Creft. Minister for
Education, George
Louison, Minister for
Agriculture, and Ken-
drick Radix, Minister
for Legal Affairs, had
been put under arrest.
Demonstration
The evidence is in-
tended to show, Mr
Byron said, that, oni
19th October, a very
large demonstration
freed Bishop from
house arrest. He was
taken to Fort Rupert.
headquarters of the
Peoples Revolutionary
Army, and the soldiers
there laid down their
arms.

"Arrangements were
being made for the
Prime Minister to make
international phone call!
and talk to the people",
the Chief Justice said,
but, while these
activities were taking
place, Fort Rupert, and
particularly the Oper-
ations Room, was
attacked by an Army
Unit coming from Fort
Frederick".

Bishop and others with
him in the Operatiom
Room did not die in the
attack, he said, but there
were casualties.
CIOWZ6MU h PAGT. S

,-- ----- A.- ---a .

The Grenada Nevsletter Saturday 6th December 1986 Page 7

ERW FRQM PAez a
1983. and another male alternate was discharged on
April 23rd 1986 when he submitted a doctor's
certificate

The 16 remaining persons were sequestered on
April 29th 1986.
another change took place in the jury when the
Foreman of the jury collapsed in Court on July 22nd
and his place on the panel was taken by a female
Alternate, changing the composition of the jury to 7
men and 5 women.
There was yet another development concerning the
jury when a male Alternate fell ill and -was
;dischaged on August 7th 1986, reducing the ranks
of the Alternates to its final state of one male and
one female.
In the intervening months since the accused were
an-aigned, and before the jury was empaneled, there
had been considerable legal activity.

This began on October 24th 1984 when Guvanese
Senior Counsel Mr Clarence Hughes, on behalf of
the 19 accused, argued, before Mr Justice Nedd, a
Motion challenging the validity and legality of the
Grenada Supreme Court (GSC) which had been set
up by the Peoples Revolutionary Government
i(PRG).
[According to Grenada's Constitution the island's
iSupreme C-ourt is the Eastern Caribbean Supreme
Court (ECSC) and the Defence argued that, with the
overthrow of the PRG, the Grenada Supreme Court
was no longer valid.
Appearing on the other side of the case were
Jamaican Mrs Velma Hylton Q. C., Acting Director
of Public Prosecutions, Barbadian Mr Carlyle
Payne, then Attorney General, and Trinidad &
Tobago born Queens Counsel, Mr Karl Hudson-
Phillhps.
On November 19th 1984, Mr Nedd delivers his
judgement declared the Grenada Supreme Court
"legal" under the "Doctrine of State Necessity".
Mr Hughes appealed this decision but lost before
Appeal Court Judges, Messrs Justices J 0 F
1aynes (President), Nicholas Liverpool and Sir
NeviUePeterkin.
fIn a judgement delivered on May 10th 1985, the
Appeal Court said that, in order to avoid chaos, the
'Grenada Supreme Court, though "unconstitutional",
{had to be declared valid and legal under the doctrine
!of "State Necessity .
The Appeal Court said also that it assumed the
Grenada Government would move promptly to
regularise the situation,

iFor a variety of reasons, principally because
$ aTangements for defence of the accused had not
Been completed, hearings in this case did not begin
before Sir Archibald until August 8th 1985.
tAt that time, two Defence Motions, filed on August
17th 1985 on behalf of 17 of the accused ( all
excludingg the Coards), were before the Court.

One charged Commissioner of Prisons, Mr Lionel

Maloney, with contravening the accused
fundamental rights and with denying Defence
Counsel access to their clients.
The other Mod on sought to reopen the matter of the
legality of the Grenada Supreme Court on the
grounds that "the period of temporary validity had
expired".
The Chief Justice adjourned the Court in its criminal
jurisdiction and, sitting in the civil jurisdiction on
August 9th 1985, heard arguments on these
Motions.
The hearings went on until August 19th 1985 when
Sir Archibald ruled that. the Grenada Supreme Court
was "legal" and that that matter had already been
decided, by the Appeal Court in its judgement on
May I th Consent Order

With reference to the other Defence Motion, by
agreement of both sides, the Chief Justice issued a
"Consent Order" on August 23rd 1985 stipulating
the conditions under which the accused were to be
held at Richmond Hill Prison and the access to
them which was to be allowed to the Defence.
The Court sat again, briefly, on September 2nd
1985 and the trial came up "for mention" on
September 4th 1985, that is, came before the Court
to have a date fixed for hearing. The Defence then
wanted an adjournment until "late November" but
Sir Archibald fixed the hearing for October 1st
1985.
Meanwhile, the Defence complained that
Commissioner Maloney was not complying with the
Consent Order of August 23rd. On August 28th
1985, a Motion citing Mr Maloney for Contempt of
Court was filed by the Defence and September 16th
was fixed for the hearing.

But, on that date, Sir Archibald disqualified himself
and the matter came up, instead, on September 18th
1985, before Mr Justice James Patterson, who, on
September 24th 1985, dismissed the Contempt
Motion on the grounds that it had not been served
on Commissioner Maloney personally.
The Defence filed another Contempt Motion against
Commissioner Maloney but, when it came before
Mr Justice Patterson on October 3rd 1985, the
Defence stated that conditions had improved at the
Prison and the Motion was withdrawn.
The Defence also discontinued, at that time, am
Appeal made against Mr Paterson's judgement of
September 24th with reference to the first Contempt
Motion against Commissioner Maloney.
Also before Mr Patterson on October 3rd 1985 was
a Defence Motion challenging the validity of the
Grenada Supreme Court for the third time.
This time, it was claimed that the accused
constitutional rights had been violated in that
"massive. delberate. pre-trial publicity and all-
pervasive prejudice" denied them a fair trial.
The Motion claimed that only the East Caribbean1
Supreme Court IECSC), the Court stipulated in
Grenada's Constitution, could hear constitutional
CONTINUE D PAGE 8

25th June 1986
26th June 1986
7th July 1986
ice on July 8th 1986.
is was not his first

'appearance in the witness box.
Dates quoted above refer to the date on which the witness was first
sworn, and some witnesses, especially members of the Barbados
Police Force, appeared in the witness box several times on different

The jury also had read to them. on May 8th, the testimony given at the
PI by Corporal Earle Browne of the Jamaica Defence Force. Miss
Denise Garcia, the Magistrate s Clerk, produced Corporal Browne's
testniony and MrLe.sl n Wilihams, Immigration Officer, testified that
ICorporal Brown had left the island.
Nullity
Meanwhile,the Defence had filed another Motion on June 2nd 1986.
his Motion claims "the trial of the accused in their absence" was a
preach of their constitutional rig.hs and it asked for an Order that the
Trial be "quashed as a nullity`
The Motion came before Mr Justice James Patterson on June 6th 1986
land he put the matter to come up Tuesday June 10th 1986 "for
mention"', that is, to have a date fixed for hearing.

this matter, appearances were as in the "Fair Trial" Motion with the
exception that Mr Keith Friday, of the office of the Director of Public
prosecutions, was added to the Prosecution team,
L. _______ ____-^^

When the matter came before Mr
Patterson on June 10th 1986, Mr
Ramsay told the Judge the
Defence had been instructed by
the accused to object to having
Mr Patterson bear the Motion,
He alleg ed bias on the part of the
Judge, but, on June 11th 1986,
Mr Patterson rejected the sug-
gestion that he should disqualify
himself and fixed Friday June
13th 1986 for the hearing of the
Motion.
The hearing began on that date
with a Defence application for a
stay of proceedings in the Trial
until the Motion was beard.
Arguments went on until June
17th 1986 and Mr Patterson
delivered his judgement on June
19th 1986.
He found that he had no
jurisdiction to hear the Motion1
and he declined to order a stay on
the Trial proceedings before the
Chief Justice.
Assignee
An appeal against this judgementl
was filed on June 23rd 1986,
and, on June 30th 1986, Mr
Justice Joseph Oscar Fitz-
Clarence Haynes, President of
the Appeal Court, sitting (as he
described it) as an assigneee" of
the Court, heard arguments on
the Motion for a stay of the Trial
proceedings.

In his judgement delivered on
July 2nd 1986, President Haynes
dismissed the Defence application
for a stay of proceedings in the
Trial. He also expressed the
opinion that neither he nor Mr
Justice Patterson had jurisdiction
to hear the Defence Motion.
When constitutional questions
arise in the High Court, he said,
they must be answered in that
Court and the proper person to
hear the Motion was the Chief
Justice in whose Court the
question arose.
This matter came before the full
Appeal Court on July 21st 1986.1
President Haynes disqualifiedI
himself, his place was taken byl
Sir Archibald Nedd and their
Motion was considered on July
23th 1986 with Mr Justice!
Liverpool as President.

On July 25th 1986, the Court
rejected the Defence application
for a stay of proceedings in the
Trial. but granted the Declaration
sought by the Defence that the
COHITUIED PAGE 11

'ln his summing up. the ChiefJustice instructed the
jury that if they formed the opinion that Nelson did
not know there had been orders to execute Bishop
land others, he shouldbe acquitted.
IThe jury found him not guilty on all counts.

lThe verdicts came at the end of a careful summing
Jup by the Cluhef Justice but, because he was
covering evidence already known publicly, this
phase of the trial seemed to drag and the boring
effectt on the average person of the meticulous
epectiion, for the benefit of the jury, of long-ago
disclosed evidence, was shown by the small number
0f persons in the public gallery.
cisions
Ir Byron began his summing up on Wednesday
19th November and spent two days outlining the
law by which the jury should be guided in coming
to their decisions.
On Friday 21st November, he moved to signed
statements given the Police by Mitchell, Joseph,
B ernard and Richardson, and at that time, dealt also
with unsworn statements made by these accused
from the Dock.
IOn Monday 24th, Mr Byron dealt with signed
statements given the Police and unsworn statements
made from the Dock by Redhead. Stroude and
James.

Except for Raeburn Nelson, none of the accused
were in Court to hear the Chief Justice sum up the
evidence. On the. day Mr Byron started summing
up, they chanted, clapped and stamped and were put
out of Court,
On November 25th. Mr Byron completed his fifth
day of summing up with less than a dozen people
occupying the 100-plus seating of the public gallery
the High Court.
Dealing that day with the signed. verbal and
unsworn statements of accused James, Cornwall,
Ventour. Bartholomew, Layne and Strachan, the
Chief Justice told the jury he had then come to the
end of his presentation of the statements.

"This concludes the assistance I can give you in
.connection with statements alleged to have been
given to the Police by the accused", he said. "From
the evidence you must consider the conditions
under which these statements were said tobe given,
the contents of the statements and decide what
weight you will attach to them"

In his summing up, in addition to the unsworn
statements made from the Dock by all the accused,
Mr Byron dealt with 9 written, signed statements
and 4 verbal statements given to the Police.
The accused charged that all these statements were
taken from them under conditions of torture and
threat, but the Police testified that they were all
given voluntarily.
[Verbal statements were said to have been given by
4James. Cornwall, Ventour and bartholomew
While written statements are on the record from
Mitchell, Joseph, Bernard, Richardson, Redhead,
JStroude, Layne, McBarnente and Strachan.

The statements from Mitchell, Joseph, Richardson
and Bernard detail their involvement as executioners
in the firing squad. Bernard indicates that he was
in charge of the squad and his statement says he
told his victims why they were being shot.

"I told Maurice Bishop and the rest of the people
with him that the Central Committee had decidedI
they should be executed by fire", the statement says.
'I told them 'about turn', I gave the command,
Soldiers prepare to fire', and 'fire' ......."

According to the statements of Redhead and
Stroude, who held the ranks respectively of Captain
and Major, they were present when this took place
but did not take active parts in it.
Redhead confirms what Bernard says and states that
he (Redhead) did not fire his weapon, but Stroude's
statement says Redhead was in charge of the firing!
squad and took an active part.
"Captain Redhead then gave the order to open fire",
Stroude's statement says, "and himself, Lieutenant
'Abdullah' (Bernard) and Vincent Joseph, using
machine guns in turn, shot them in cold blood
against the wall of the parade square".
Executions
The Prosecution's case is that Strachan was present
at a Central Committee meeting at Fort Frederick
which decided to carry out the executions, but
Strachan's written statement does not confirm
this.
He was at Fort Frederick that day, he says, but he
did not see any member of the Central Committee
and it was not until later that day that accused
Lieutenant Colonel Layne had told him a military
unit had been sent to recapture Fort Rupert.

McBarnette's statement, however, says there was a
Central Committee meeting at Fort Frederick and
Strachan was among the persons present.
McBarnette says the Central Committeewentto Fort
Frederick because it was feared Bishop would kill
them, and he records the decision taken to kill
certain people.
"The Central Committee then held a meeting there",
his statement says, "and it was, agreed by the
Committee members there that Comrade Bishop and
his clique must be executed"

Layne's statement confirms that the Central
Committee was present at Fort Frederick but he
dismisses them as "totally ineffective".
He "took over the situation", Layne says,
dispatched a unit to recapture Fort Rupert, and
records his reaction when Bernard reported to him!
that Bishop and Foreign Minister Whiteman had
been captured.
"I then told him that he should liquidate them", he
says. "Later he reported to me that the mission hadI
been accomplished" !

On November 26th, the Chief Justice told the jury
they can convict an accused person on the
uncorroborated evidence of an "accomplice" but that
is a dangerous thing to do.

coiiMnami irla~r d

~-~L 7yi ----- ~COMTUMED P T a(1

Page 8 Saturday 6th December 1986 The Grenada Nevsletter

RE Ed rRO PAGE 7
matters such as this, and the
Chief Justice was asked to refer
the Motion to the ECSC for
hearing.
The Motion claimed also that Act
1/1985 of the GrenadaParliament
is invalid. This Act, passed on`
22nd February 1985, validated
all the PRG Laws and also the
Proclamations by Governor
General Sir Paul Scoon, made
after the military intervention of
25th October 1983.
This Motion was adjourned to
October 10th 1985 "for men-
tion", then to November 21st
1985 and then to the Assizes due
to start on February 4th 1986.
With reference to the trial itself,
when Sir Archibald sat on
October 1st, he took the case out
of the special category it had
enjoyed and added it to the list of
Cases set down for the Assizes
!scheduled to start on October
8th.

!But. when those Assizes opened
before Mr Justice Patterson, he
said that, because of the pending
retirement of Chief Justice Sir
Archibald Nedd, due to take
effect on January 1st 1986, the
trial could not start before the
February assizes, by which time,
the hoped, Sir Archibald's
successor would have been
appointed.
When the Assizes opened before
Mr Justice Patterson on February
4th 1986, he fixed both the
Defence "Fair Trial" Motion and
ithe murder case to be heard on
jMarch 3rd.

!On that date. the start of the
hearing was delayed because the
Registrar, Mr Christian St Louis,
[was unexplainably absent. The
Deputy Registrar, Mr Raphael
{Bapuste. was "borrowed" from
another Court and the Acting
Director of Public Prosecutions
Mrs Velma Hylton, told the
Acting Chief Justice. Mr Dennis
Byron (seconded from the
ECSC) the jury had not been
legally summoned by Mr St
LOuis.
IOn the following day. March 4th
11986. Mr Byron confirmed this
and adjourned the Court until
March 17th 1985 with in-
structions that a new jury panel
be summoned.
The Prosecution Team in the trial
was, at this time, the same as in
the PI with the exception that Mr

Adams was replaced by
Grenadian barrister Mr Michael
Andrews, President of the
Grenada Law Society, and
Grenadian barrister Miss Denise
Campbell was added to the
team.
Following an inquiry by the
Chief Justice, Registrar Mr
Christian St Louis was relieved
of his post on March 5th 1986,
Miss Campbell was removed
from the Prosecution Team and
was appointed Acting
Registrar.
After hearing arguments on both
sides, Chief Justice Byron, on
March 25th 1986, found in
favour of the Prosecution and
struck out the Defence "Fair
Trial" Motion which he declared
to be "an abuse of the process of
the Court.
ECSC is not a Court to which
anything can be referred from
Grenada, he said, the legality of
GSC had already been
established and there was nothing
in the Appeal Court judgement to
suggest that the jurisdiction of
GSC does not include con-
stitutional matters.

On April 3rd 1986, the Defence
filed an Appeal against this
judgement, claiming the Chief
Justice had "acted with grave and
fatal impropriety". When the
Court sat on April 7th 1986, the
Defence asked Mr Byron to stay
proceedings in the Trial until the
Appeal was heard, but, in a
ruling delivered on April 9th
1986, the Chief Justice refused
this application.

The Appeal came before the
Appeal Court, comprised of
President Justice J 0 F Haynes,
Mr Justice Dr Nicholas Liverpool
and Mr Justice Sir Neville
Peterkin, on 14th May 1986.
Appearing in this matter for
Bernard and Phyllis Coard were
Messrs Ian Ramsay. Enos Grant,
Maurice Tenn and Carlton
Williams. Senior Counsel
Clarence Hughes Mrs Jacqueline
Samuels-Brown and Mr Delano
Harrison appeared for the other
16 defendants,
Messrs Karl Hudson-Phillips and
Doodnauth Singh represented the
Prosecution
Abuse
On May 17th 1986, President
Haynes delivered the Court's
judgement, dismissing the
Defence Motion and dubbing it

"an abuse of the process of the
Court'

At the same time, President
Haynes expressed the Court's
concern thatit had noinformation
relative to steps taken by the
Grenada Government to return
Grenada's legal system to
constitutionalist. The Appeal
Court was due to sit next on 21st
July 1986 and President Haynes
said the Court expected to hear
something of this matter at that
time.
Rejoin
When the Appeal Court sat on
July 21st 1986, Prosecution
Leader Mr Karl Hudson-Phillips
gave the information that, with
reference to the question of
returning Grenada's legal system
to constitutionality, Minister of
Legal Affairs, Mr Ben Jones, had
written, on 17th July 1986, to the
Director General of the
Organisation of East Caribbean
States. making application for
Grenada to rejoin ECSC on
January 1st 1987.
In the mean time, on March 11th
1986, the Defence had raised
another matter when the Chief
Justice was asked to note that
Miss Denise Campbell, formerly
of the Prosecution Team, had
replaced Mr Christian St Louis as
Registrar.

The Defence reverted to this1
matter on Wednesday 9th ApriJ
1986 when there was objection to
empanelment of a jury sum-
moned by Miss Campbell. The
Chief Justice ruled on that day,
however, that there had been no
breach of the law and he declined
to dismiss the jurymen.
On April 10th 1986, Chief
Justice Byron ruled that Miss
Campbell never had a dual role as
Registrar and member of the,
Prosecuting Team., and he also
rejected a Defence call on him toi
dtsqualifv himself on the grounds
of 'bias' I

On the following day, Fridayt
April 11 th 1986. Defence Leader,!
Mr Ian Ramsay, announced to
the Court that the Defence Team
of 12 barristers was withdrawing
from the case.

The Team had "expressed andf
written instructions" from the 191
accused to take this action until
the Appeal Court ruled on Mri
Byron s judgement (delivered on!
March 25th) that the Grenada
Supreme Court has constitutional
COHTIHTMD PAGE 9

Page16 SSday6th Decembr 1986 The Grenada Nesletter

EUGENIA

Miss Mary Eugenia
Charles, Prime Minister
of Dominica, has been
made Honorary Presi-
dent-For-Life of the
New National Party
(NNP).

This was announced on
December 7th at the
NNP Annual Convent-
ion at which Miss
Charles delivered the
feature address.
OpI Q Smect
[When the Prime
Minister told the
Convention she wished
to share experiences
which might help
"delegates in. forming
their party, it seemed to
underline the open
secret that there is in-
fighting in the NNP.
"There must be close
communicationbetween
leaders", she said, "and
there must also be
communication with
other people who have
different ideas to
ours.
We must have
harmonious relations
with our neighbours
and in the international
world. We cannot for

HOWp liMPr) HlONs`iik]AR'YT II1kESIfflENTI-1

ever be in a quarrelling
mood and yet get on
with the business of
making a better place
for all the citizens of the
country to which we
belong".

All members of the
party must agree with
the role the party is
playing, she said, and
disagreements must not
be taken out and dis-
cussed in the rumshops.
"If you cannot agree
withthe role the party is
playing", Miss Charles
said, "get out of the
party."

Self interest must be
negated, she said,
members are not in the
party to better them-
selves but to better
Grenada.

The Prime Minister said
she did not wish to
imply that decisions are
reached without object-
ions. There will be
different points of view,
she said, and there must
be the latitude for
expression of those
views within the
party.

"Dont wash your dirty
linen in public", she
said, "do it at home and
get it clean".

Miss Charles said a
political party cannot
exist on efforts of a
handful of leaders and
she urged delegates to
play their parts. The
rank and file must get
the information, ask for
the necessary expla-
nations, she said, and
let the world know what
their party is doing.
'Dont wait to hear it on
the radio", the Prime
Minister said. "The
radio does not always
tell you what you want
to know. It has a
different point of view
sometimes even though
it is the radio of the
country. Let's not
pretend about it. The
important thing is that
you must know the
truth ....... and go out
and spread the news
Not Gods
Miss Charles advised
delegates to be tolerant
because "leaders are not
gods." Leaders have
their faults and their

. NOW mm -m mamOmmRY, mm m-wm m m w

RED-EYE KEEPS PETERS AWAY FROM PROPERTY TAX DEBATE

The "red-eye" virus (conjunctivitis), which was then
approaching epidemic proportions in Grenada. had a
negative effect on the Parliamentary debate on the
fReal Property Tax Act.
Originally proposed by Prime Minister Herbert
Blaize in his 1986 Budget speech last February, the
Act was "taken through all its stages" and passed on
November 7th.
Suffering ..
In a press release issued on November 24th, Leader
of the Opposition, Mr Marcel Peters, said he was
suffering from "red-eye" on that date and so was
absent from the House of Representatives.

IMr Peters expresses concern over the way this Act
was passed. Normally, an Act is given its "First
Reading" when it is brought to the House and made
public for general information. At the next sitting
of the house, it is given a "Second Reading" when
there is debate on it and, at the next sitting there is
the "Third Reading" when the Act is voted on,

This procedure, however, can be varied if the
Speaker allows the Act to be "taken through all its
stages" at one sitting. This is what was done with
the Real Property Tax Act and Mr Peters
bjects.

1"A tax of such magnitude and monumental
consequences", he said, "should be brought to the

people throughout the State for national dialogue
before its passage".

When the Tax was first proposed by the Prime
Minister. it was called a "Laid Value Tax" and it
was proposed then to be at the rate of 2% per
annum.

In some quarters, this rate was considered high and
Mr Peters is concerned that the Real Property Tax
Act now passed does not specify the percentage
rate.
Instead, the Act says the rate "shall be determined
by Statutory Order of the Minister (of Finance) and
approved by resolution of the House of
Representatives."
Corruption
This, Mr Peters says. 'borders on suspicion and
corruption".

"Another disgusting element is the imposition of a
10% fine on unpaid taxes every 6 months", the
Leader of the Opposition says, "and, if this remains
unpaid for 3 years, the property will be offered for
safe......."

Mr Peters says his Grenada Democratic Labour
Party is holding discussions" with a view to alerting
the eople of (sic) the dangers of this Act".

'OR-LIFE
failures, she said, and
they will make
mistakes, but, instead
of those mistakes being
highlighted, leader.
should be encouraged
and helped.

Because of "dirty
politics", the Prime
Minister said, there ar
few in these small
islands prepared to
come forward and be
leaders.
"You know how you
have to be abused for
being child-less, for
being old, for being
married, for being
unmarried", she said,
"everything they
possibly can find fault
with you for"

Miss Charles said some
people are too sensitive
to take that kind of blow
and she told delegates
that, when people are
saying things against
their parliamentarians
those parliamentarian.
should be encouraged
and assured of
support. (533)
CT

-

Page 14 Saturhy 6th Decemb r 1986 The Grenada Newsletter

Appeal Court expresses concern
over lack of progress towards
returningthe legal system to
constitutionality.
ZA4Ju Defence files Motion charging
violation of the accused
constitutional rights in that
the trial is proceeding in their
absence".
kJa.re Defence Constitutional Rights
Motion comes before Mr Justice
James Patterson and is fixed "for
mention" on June 10th.
/o1ape Defence Constitutional Rights
Motion comes before Mr Justice
James Patterson

Defence charge Mr Justice James
Patterson with bias.

LtL& JAew Mr Justice James Patterson rejects
charge of bias.

k -AiJ'we Mr Justice James Patterson rules
that he has no jurisdiction to hear
the Defence Constitutional Rights
Motion.

Defence files appeal against judge-
ment of Mr Justice James.
Patterson made on 19th June 1986
Lrc Juge President of the Appeal Court, Mr
Justice J OF Haynes sitting alone
as an assigneee' of the Court.
hears arguments for stay of Trial

Appeal Court dismisses Defence
"Fair Trial" Motion and calls it an
abuse of the process of the
Court.

2st Jafr

22id Ja

23rd July

tAAgfastf

CEROHOLOGY I WKaO 13'1

Leader of the Prosecution
advised the Appeal Court that
the Grenada Government
applied, on 17th July 1986, to
rejoin the East Caribbean
Supreme Court with effect
from Ist January 1987.
Jury Foreman collapses in Court
and is discharged.
Full Appeal Court hears Defence
Constitutional Rights Motion.
Appeal Court rules that the High
Court has jurisdiction to hear the
Defence Constitutional Rights
Motion. The Court refuses
Defence application for a stay of
proceedings in the trial.

The Appeal Court says it will
endeavour to give instructions,
within four weeks, as to the
hearing of the Motion.

Prosecution. Leader discloses
that Defence has approached the
Privy Council on 16th
September 1986, to consider
vahdity of Act 1/1985.
Judge rules that this is the same
matter before the Court and
adjourns matter to a day to be
fixed.
Crwrwn TT V AGr is

proceedings until )eence
onstitutional Rights Motion
appeal is heard.

Mr Justice J O F Haynes refuses
Order for stay of Trial proceed-
ings and expresses opinion that
neither he nor Mr Justice James
Patterson has jurisdiction to hear
the Defence Constitutional Motion
and that it must be heard in the
Court of Chief Justice Byron
where the matter arose.
Last witness testifies,

Prosecution closes case.

Accused called on to make their
defence. The first accused
makes unsworn statement from
the Dock.

Defence Constitutional Rights
Motion comes before Appeal
Court.

zstf4iow

I~JLrd 4-i

IIIAM4r

fth Julf

--

The Grenada Newsletter Saturd 6th Decem r 1986 Page l

NEW TENSIONS IN NNP ()

S Wi

Results of the elections of officers for top posts in the New National Party (NNP) have brought surprises
and possible new tensions.
Elections took place on December 6th at the NNP Annual Convention and. as was expected, Prime Minister
Herbert Blaize was reelected Political Leader by acclaim.
Based on the NNP background and the experience of the NNP 1985 Convention, it was expected that
elections for the post of Deputy Political Leader would be controversial.
NNP was born three months before the December 1984 Elections when three political parties merged under
pressure to establish a unitedfront.
These parties were headed respectively by three persons now in the NNP Government. They are Prime
Minister Herbert Blaize, Minister of Laour Dr Francis Alexis and Mr George Brizan, Minister of
Agriculture,
Because of ill health, it is not expected that Mr Blaize will face the 1989 General Elections as Political
Leader, and political observers anticipated there would be confrontation between Dr Alexis and Mr Brizan in
striving to become Mr Blaize's successor.
Coafronation
That confrontation surfaced when, at the 1985 Convention. for the post of Deputy Political Leader, Dr Alexij
defeated Mr Brizan by 9 votes in a total of 343.

Since then, there has been a swing in circumstances. Publicly pledging support for each other. Mr Brizan
and Dr Alexis have made pointed remarks critical of Mr Blaize without naming him.
Before the Convention of December 6th/ 7th, itwas known that Dr Alexis was going to propose a changein
theparty's Constitution allowing for two DeputyPolitical Leaders but, he withdrew that proposal.
Further, at the Convention, when he was nominated for the post of Deputy Political Leader, after Mr Brizan
bhad been nominated, Dr Alexis declined the
C QONOLOGY XROM PAGE 14 nomination.
Also nominated for the post was Mr Ben Jones
2dOtober The last accused (now Foreign Affairs Minister), and he defeated
completesswoastaccuse Brizanby a comfortable majority.
statement TeA
fronm D md[-k s me Convention Delegates expressed the view that Mr
r Appeal Court rules that Mr Jones' win may introduce new aspects to tensions
Justice James Patterson has already existing in NNP.

jurisdiction to hear the
Defence Constitutional Rights
Motion and orders that it be sent
back to him for hearing
Chief Justice Byron rules that
Prosecution has the right to
"reply" whether accused choose
to address jury or not.

Mr Jones was Mr Blaize's Deputy Political Leader
in Mr Blaize's Grenada National Party (GNP), and
there is a growing feeling within sections of the
Party that the ex-leadership of GNP has now "taken
over" the NNP to the exclusion of the Alexis and
Brizan factions.
If that feeling' persists, it may be expected that there
will be more evidence of in-fighting and a potential
split. (412)

The first tie in international cricket test was
recorded on 14th December 1960 at Brisbane in
Australia.
It was the thirst test of a series of five between
Australia and the Westindies, and, in the last over of
the match, Australia needed six runs to win with 7
wickets down.
The Westindies, under the captaincy of Frank
Worrel, took the three remaining Australian wickets
in that last over, the last wicket falling on the
seventh ball of the over when the scores stood
equal.
This was the firm tie in 83 years of test
,cricket.

High Court has
nursdiction to hear the
Defence Motion.
"The Court will en-
deavour to give its
reasons within four
weeks from today (25th
July)', the Judgement
Says, "and the final
Order as to the res-
toration of the substan-
Jive action (the Defence
Motion) is to await the
sons for our de-
|cision"
The Court did not give
its reasons and final
Order within four
weeks as it said it
would endeavour to
do.

The Order and reasons
ere given in a
judgement delivered on
Monday 13th October
1986. The Appeal
Court ruled then that Mr
Justice James Patterson
does have jurisdiction to
hear the Defence
Motion, and instruct-
ions were issued that
the Motion be sent back
to Mr Patterson for
hearing

Meanwhile, there was a
further development
when on September 8th
1986, the Defence filed
a Motion asking that Act
11/1985 be declared
invalid.
This Act, passed by the
New National Party
Government of Prime
Mimster Blaize on
22nd February 1985,
validates all laws passed
y the PRG and all
Declarations made by
khe Governor General
after the military inter-
vention of October 25th
1983.

Un an affidavit of Mr
Cllarence Hughes at-
tached to the Motion
the Defence says that, in
related matter before
the Privy Council on
S10th July 1985, one of
the Lords of the Privy
(Council asked whether
the Speaker of the
House of Repre-
sentatives had issued a
tCertificaterelativeto the
I

Act, as required by the
Constitution.

The affidavit says itwas
assumed then that the
Certificate had been
issued but that it has
now been confirmed
that it was not.
This matter came before
Mr Justice James
Patterson on September
24th 1986 and was
fixed for hearing on
September 29th 1986.
Defence Counsel Mr Ian
Ramsay requested a
postponement until Oct-
ober 3rd 1986, but
Prosecution Leader Mr
Karl Hudson-Philip
advised the Court of
receipt of a copy of
letter dated 16th Sept-
ember 1986written bya
British barrister on be-
half of the accused to
the Judicial Committee
of the Privy Council.
Mr Hudson-Phillips
said the letter sought
special leave for a re-
hearing of the Petition
the Defence made, un-
successfully, in July
1985, to have the matter
heard by the Privy
Council.
Mr Patterson agreed
with Mr Hudson-
Phillips that the Privy"
Council had been asked
to hear the same matter
as was before the
Court, and he adjourned
the matter for a day to
be fixed convenient to
the Court.
On July 9th 1986, the
50th day of sitting since
the jury was empaneled
on April 18th 1986, the
Prosecution closed its
case.

Following this. sub-
missions were made by
the accused and, on
July 16th 1986, Chief
Justice Dennis Byron
called on the accused to
present their defence.
one of them called
witnesses or went to the
witness box.
They all made unsworn

ClONTIIrD PA As t2

Raeburn Nelson,26, the only accused who was
acquitted on Thursday December 4th in the Maurice
Bishop Murder Trial, has mixed feelings.

Happily reunited with his mother and sisters in their
humble home on the outskirts of St Georges,
Nelson told NEWSLETTER he remembers the 16
men and one woman he left behind in Richmond
Hill Prison.
Sadness
"I have feelings of both happiness and sadness" he]
said in an interview on December 6th. Happiness,
because I am here with my loved ones and sadnessI
because I have left fellow brethren and comrades
within that Prison."

Fourteen of Nelson's "comrades" have been
sentenced to hang for murder and three will serve
long prison sentences for manslaughter, but Nelson,
said he would prefer not to comment on some public
sentiment that these persons had "got what they
deserved".

One must always express a level of concern caring
and sympathy, he says and he expects that, in every
society people will have different views.

"Even in my case", he said, "the overwhelming
majority of people are pleased with my release but
there will be some who will not feel that way".
Evidence before the Court is that Nelson
commanded the third of three armoured cars which
assaulted Fort Rupert on the day Bishop died. His
mission was to surround the Fort with his men
while the other two cars went up to the Fort to
recapture it.

At a later stage on that day, Nelson went up to the
Fort and he told NEWSLETTER that he did not see
many dead bodies there.
"I saw a little boy dead in a truck", he said. "and the
body of a man near to the steps and, as I said in my
evidence, I saw the body of Maurice Bishop and
two other persons wrapped in blankets".

As far as he knows, he said, seventeen people died
at Fort Rupert that day. There were Maurice Bishopt
and 7 others executed on the upper parade square,
Avis Ferguson who died in the Operations Room,I
trade-unionist Vincent Noel, four soldiers, a man
with the nickname of "Saltfish', the little boy in the
truck and the man near the steps.

As far as people who may have died jumping over
the walls. Nelson said the men he deployed around
the Fort took several injured persons to the General
Hospital, but he knew of no deaths
Concern
Repeating what he said in his unsworn statement
from the Dock, Nelson expressed concern for the
relatives of the persons who losE their lives at Fort
Rupert and those who were injured.

"God has been very good to me in delivering mel
from the Court process", he said, "and I wish toj
dedicate my life to the relatives of the deceased and?
those who got injured that day .
CONTDTIED PAGE 121

HEVK SHOrMBU ROM PAGE 17
a central agency located in St Lucia.
According to the Government Information Service,
the firstTenders Committee will meet in St Lucia on
December 11th and 12th.

The United States Agency For International
Development (USAID), to date, has spent EC$3.79
million of an estimated EC$8.67 million on the
TFrequente" industrial estate near to Point Salines
International Airport
USAID told the Government Information Service
that four renovated buildings comprising 21,000
square feet are all occupied, and a new building of
15,000 square feet is occupied by a pharmaceutical
company, Smith Kline & Becman.
Another 27,000 square feet of floor space has been
completed, another building of 2f1000 will be

completed by December 14th, 57,000 square feet of
new buildings are being designed and renovations to
20,000 square feet of four buildings is planned.
Pharmaceutical company, AbbotLaboratories, has
made a firm commitment for 21.000 square feet.
The entire project is expected to be completed and
handed over to the Grenada Industrial Development
Corporation by June 1st 1987.

The Grenada Government has guaranteed a loan of
EC$1,620,000 for Grenada Airways.
This was disclosed by Minister of Civil Aviation, Dr
Keith Mitchell, in reply to a question tabled in the
House of Representatives recently.
The loan has been made with the Government's
own National Commercial Bank, DtMitchell said,
and bears an interest rate of 12% per annum.

After deliberating for exactly three hours on
Thursday 4th December, the jury in the Maurice
Bishop Murder Trial returned its verdicts.
Fourteen of the 18 accused were found guilty of
murder, three were guilty of manslaughter and one
was acquitted on all of the charges.
The accused faced eleven charges of murder arising
out of incidents on 19th October 1983 at Fort
Rupert, Headquarters of the Peoples Revolutionary
Army (PRA) in the heart of St Georges. Evidence
before the Court was that, on that day, a large
crowd freed Prime Minister Bishop from house
arrest and over-ran Fort Rupert.
The Prosecution's case was that 10 of the accused,
members of the Central Committee of the New
Jewel Movement (NJM) who were at Fort Frederick
about two miles outside of St Georges, sent three
armoured cars with soldiers to recapture Fort Rupert
and execute Bishop and others.
iThose members of the Central Committee are
Bernard Coard, Phyllis Coard, Hudson Austin.
Selwyn Strachan, Ewart Layne, Liam James, Leon
Cornwall, Dave Bartholomew, John Ventour and
Colvitle McBarnette.
They were all found guilty of murder on the eleven
counts.
When the armoured cars arrived at Fort Rupert,
they, first of all, bombarded the Operations Room
where Bishop and others were and that
bombardment resulted in the death of three persons.
Avis Ferguson, Jemma Belmar and Vincent
Noel.
The evidence indicated that eight of the accused
were at Fort Rupert on that day and the jury found
three of them, Callistus Bernard, Christopher
Stroude and Lester Redhead, all commissioned
officers of the PRA, guilty of the murder of
Ferguson, Belmar and Noel.
Chief Justice Byron instructed the jury to return a
verdict of not guilty with reference to Belmar and
Ferguson against Cecil Prime, another PRA
commissioned officer who also was at Fort Rupert,
but he was found guilty of the murder of Noel.

should be reduced to manslaughter.
The jury apparently formed that opinion and Joseph
and Richardson were found guilty of manslaughter
of Ferguson, Belmar and Noel: The evidence did
not link Mitchell with these deaths and he was
acquitted on these three counts.
SGunned Down
When the bombardment of the Operations Room
stopped, Prime Minister Maurice Bishop, Minister
of Education Jacqueline Creft. Foreign Affairs
Minister Unison Whiteman, Minister of Housing
Norris Bain, trade-unionist Fitzroy Bain. Evelyn
Bullen, Cecil Maitland and Keith Hayling were all
lined up against a wall and gunned down.
The execution squad was commanded by Bernard,
who held the rank of Lieutenant, and the "trigger
men" who took his orders were regular soldiers
Mitchet Joseph and Richardson,
IN THIS ISSUE
Maurice Bishop Murder
Trial The Final Episode....... 1
The Verdicts ............................ 3
Maurice Bishop Murder
Trial A Risumf................ 6
Raeburn Has Mixed Feelings....... 11
Maurice Bishop Murder
Trial A Chronology........... 12
New Tensions In NNP () --------15
Eugenia Nov NNP Honourary
Presidet-FPor- Life............... 16
"Red-Eye" Keeps Peters Away
From Property Tax Debate... 16
Spanish Ambassador Presents
Credentials ........................ 17
BWIA Accepts Criticisms.......... 17
Nevs Shorts........................... 17
It appears the jury formed the opinion that Mitchell,
Joseph, and Richardson acted under the belief that
they were obeying legitimate order, and they were
found guilty of manslaughter on these eight
counts.
Bernrdv tnnotfa *ethe wit t m R eea aAnd. ,

Three of the other four accused at Fort Rupert, Prime, was found guilty of murder on these eight
Andy Mitchell, Vincent Joseph and Cosmos counts.
Richardson were regular PRA soldiers. In his
summing up, the Judge told the jury that, if they The eighth accused at Fort Rupert on that day was
formed the opinion that these ---Raeburn Nelson. He commanded
accused, in taking part in th FOUND D the third armoured car sent to
murders, were responding to wha recapture Fort Rupert, and he had
they thought were legal orders 17Tllh AUGUST 1973 orders to deplo his men around
then the charge against them 348O U A a
ICOLUMBIA UNIVERSITY MARIA MOORS CABOT AWARD 1984

The Grenada Newsletter Saturday 6tDecember I 86 Page 17

SPANISH AMBASSADOR PRESENTS CREDENTIALS
The non-resident Spanish "My Government has a special credentials in Barbados and St
Ambassador to Grenada, Senior interest in this region", he said Lucia.
Juan Lugo, presented his "My wife is accompanying me on
credentials to Governor General this visit and we are both very Ambassador Lugo, who is
Sir Paul Scoon on Thursday 27th impressed with the beauty of the stationed in Jamaica and i
November. Grenadian landscape and also by accredited, to .that country, said
the welcoming attitude of the that negotiations have not yet
In an interview on November inhabitants here who have been been finalised but, in due course,
28th. Ambassador Lugo said he very warm and courteous to us." he expects to be accredited to all
is the first Spanish Amnbassador the countries of the Windward
to be appointed to this region and From Grenada, the Ambassador and Leeward Islands. ( 190)
his Government attaches great visited Guyana and Dominica,
importance to its relations with presenting his credentials in both IT i'm 1 t!
the countries of the Eastern countries, and, in January, he .. i illi.l ...l j
Caribbean. will return to present his

BWIA ACCEPTS CRITICISMS

BWIA, the national
airline of Trinidad and
Tobago, will provide
Grenada with increased
service when "winter"
schedules are intro-
duced on December
12th.

This was disclosed on
November 25th by Mr
ivy Greaves, BWIA's
Area Manager, as he
addressed a group of
travel agents, hoteliers
and other persons in the
Tourism Industry.
Disruption:
"We accept the criti-
cisms which have been
leveled at us with ref-
erence to both customer
service and schedule
disruption", he said.
'but we have now done
something about it"

Mr Greaves said the
BWIA reservations off-
ice, now located at
Point Salines Inter-
national Airport, is to be
relocated in St Georges
by next May. There
have been shortcomings
in reservations he said,
because of the failure of
the Cable and Wireless
reservations system to
"come through", but
this has been corrected
and the shortcomings
will now disappear.
LIAT will continue to
do BWIA's customer
service handling at the
airport, Mr Oreaves
said, and he described
the LIAT'BWIA ass-
ociation as a "marriage"

"We call it a marriage",
he said, "because the

indigenous Caribbean
careers have to come
together to fight these
'biggies .
Mr Greaves accepted,
too, the criticism that
BWIA's schedules into
Grenada have not been
consistent, but he said
the airline had been
facing "serious con-
straints". However,
he wished to look to the
future.
The "winter" schedule,
until April 30th. will
provide daily service to
Miami, with con-
nections at Antigua to
Haiti, Jamaica. New
York and Toronto, he
said. After that date,
connections to Miami
will be five times a
week.
Additional
There is also the New
York service on
Friday, he said, and.
next April, not only will
the present late arrival
be changed to a more
convement 2.00 PM,
but there will be an
additional service on
TuesdaysbetweenTrini-
dad and Grenada.

Additionally, Antigua
has eight services a
week from New York
which serve Grenada,
he said

"They come at a good
time into Antigua to
connect with the 401
which comes to Gre-
nada", he said, "so you
have ample opportunity,
to come to Grenada
daily."

With reference to the
United Kingdom, Mr
Greaves said that,
through LIAT, con-
nections can be
made in Barbados with

BWIA flights on
Wednesday and Satur-
days. (381)

NEWS SHORTS

Tha Co titutB f

Some recommendations of the Constitutional
Review Commission are "being put into place and
will be revealed in due course"
This was disclosed by Prime Minister Herbert
Blaize in reply to a question tabled in the House of
Representatives recently.
The Commission, headed by former Governor of St
Kitts-Nevis, Sir Fred Phillips, was charged with
making recommendations for amendments, reforms
and changes in Grenada's 1973 Independence
Constitution. The Commission's Report was
submitted to Government on November 5th
1985.

The Prime Minister said total cost of the Report is
EC$426,731.33, of which Government paid
EC$87,033.75. The Commonwealth Fund For
Technical Co-operation, the United Nations
Development Programme and the Canadian
International Development Agencyall contributed to
the cost.

Grenada will be represented ata meeting in St Lucial
from 8th to 12th December to discuss the recently
formed Eastern Caribbean Drug Procuremen
Programme.

The three-member Grenada team will be headed byl
Mrs Grace Duncan, Parliamentary Secretary in the
Ministry of Health, and she will take part in a policy
making meeting scheduled for December 9th.
The Programme is designed to. enable East
Caribbean States to bulk purchase drugs through
COUTnmID PAl it.

my innocence and
condemn this kangaroo
trial,, she said.
"I have never corn mitted
crime in my entire
life", said Strachan
when asked by the
Judge, 'Nothing will
change that".
IAll the accused
protested their inno-
cence. They claimed
they had been framed
and that it had been a
"politicaltrial",
Ventour's statement ap-
peared to point an
accusing finger at the
jury.
"When Grenadians
leave here, this verdict
will haunt them", he
aid, "Time and history
will be the judge".
But Prime was not of
the same opinion.
!"I have no ill feelings
against the jury. he
id. "1 stand here an
innocent man".

At time of going to
press, no appeal had
been lodged against the
sentences on behalf of
e convicted men
However, even though
they were dismissed by
the accused from the
total proceedings, the
group of Jamaican
barrsters, led by Mr lan
Ramsay, has been in
touch with the accused
and it is expected that
an appeal will be lodged
in du e course. (3714)

( 1

& General Workers Union, Vincent Noel, Evelyn Bullen, an insurance
salesman, Avis Ferguson a commercial clerk, Keith I-avling. and Cecil Maitland
were gunned down and died in an incident at Fort Rupert, headquarters of the
Peoples Revolutionary Army (PRA), on 19th October 1983.
The eleventh murder-victim, Jemma Belmar, a school girl, was wounded in the
incident at Fort Rupert and died at the General Hospital on November 4th
1983.
Originally, 20 persons were charged on a single count with the murder of 8
people, that is, the eleven murder-victims listed above less Vincent Noel, Avis
Ferguson and Jemma Belmar.
But the Preliminary Inquiry (PI), which began before Chief Magistrate Lyle St
Paul on 27th June 1984, found insufficient evidence against one of the accused.
Former Commissioner of Police, Ian St Bernard, was freed on August 8th 1984
when the PI concluded.
The remaining 19 accused were arraigned before Chief Justice Mr Archibald
Nedd (now Sir Archibald) on 16th October 1984, and, at that time, the charge
was changed to one of 11 separate counts of murder.
Prosecution in the PI was led by Trinidad Queen's Counsel Mr Karl Hudson-
Phillips Q C, and with him were Jamaican Mrs Velma Hylton Q C, Acting
Director of Public Prosecutions, Guyanese Mr Odel Adams ( then Attorney
General designate of Montserrat), Guyanese Senior Counsel (equivalent of
'Queen's Counsel') Mr Doodnauth Singh and Trinidadian Mr Ulric S Dougan
of Mr Hudson-Phillips Chambers.
Seven Jamaican barristers, headed by Mr Howard Hamilton Q C, represented
the accused in the PI. In addition to Mr Hamilton, those barristers were Ms.
Norma Linton, Ms. Jacqueline Samuels-Brown, Messes Earl Witter, DeLano
Harrison, Maurice Frankson and Arnold J Nicholson.
But, when the accused appeared before the Chief Justice on October 16th 1984
after the PI, they were not legally represented.
For a variety of reasons, accused Bernard and Phyllis Coard did not retain
Counsel before 20th August 1985, following which, on the Coard's behalf.
Jamaican barrister, Mr Ian Ramsay, heading a team of four Jamaican barristers
appeared in the Grenada Courts for the first time on 2nd September 1985. InMr
Ramsay's team -with him were Messrs Maurice Tenn, Enos Grant and Carlton
Wilh ams.

The other 17 accused were unable, financially, to employ Counsel and, for their
defence, the Court retained eight Jamaican barristers led by Mr Howard
Hamilton, Q C. This team comrnried the 7 barristers who appeared in the PI
for the accused plus Mr Glen Cruikshank.
There were protracted negotiations before a briefing fee of EC$300,000 was
paid on July 1st 1985 to retain this team.

The trial started when a jury of 8 men and 4 women were empaneled on Friday
18 April 1986, together with 6 Alternate jury members. 4 men and 2 women.
(On the directions of the Chief Justice, the names of the jury and Alternates
cannot be published)

On April 21st 1986 one male alternate was discharged when the Prosecution
discovered that he had lost a close relative at Fort Rupert on 19th October
CONTOTUED PAGE 7

p

CON UMDZAGE 7

The Grenada Nevsletter Saturday 6th December 1986 Page 5

TRIAL FROM PAGE 4
Two of the murder
victims, Avis Ferguson
and Jemma Belmar, had
been in the Operations
Ioom, and one of the
witnesses estimated 60
dead bodies on the
parade square.

According to the
evidence. Mr Byron
said after the ceasefire,
Prime Minister Bishop,
three other Cabinet
Members, a member of
the Central Committee
and three persons were
detained. lined up
against a wall and, after
a while, told they were
to be executed by order
of the Central Com-
imittee.
Cold Blood
Then the eight were
shot down in cold
blood.

Doing the shooting, he
said, were three sol-
diers. Andy Mitchell,
Vincent Joseph and
Cosmos Richardson
and they were com-
jmanded by a First
Lieutenant, Calliscus
Bernard.

Present also were three
other Commissioned
Officers. Lester Red-
head, Cecil Prime and
Christopher Stroude,
the latter being a Major
and the highest ranking
officer at Fort Rupert at
the time.

The evidence, the Chief
Justice said, is that,
after the executions,
Redhead slit Bishop's
throat and cut off his
ring finger.

Before and after the
shooting Mr Byron
said, Stroude addressed
the soldiers at Fort
bRupert and tod them the
rasons why these
people had to lose their
Irives.

iMr Byron referred also
to murder victim
Vincent Noel who was
'identified as a leader of
the demonstration and
who was seen wounded
and callously left lying
on the ground. There
is evidence, the Chief

Justice said, that Noel
was taken behind a
building by soldiers and
was after seen dead.
Desecrated
"The way in which the
bodies were disposed of
(by fire) show that
those in authority tried
to remove evidence of
what happened"', he
said. "They desecrated
the bodies and denied
the relatives the right to
perform burials".

On this day (1st) also,
the Chief Justice began
to sum up what the
accused had said in their
defence and, on Tues-
day December 2nd, his
ninth day of summing
up, the Chief Justice,
before an almost empty
public gallery, continu-
ed his review of the
unsworn defence state-
ments from the Dock.

All the accused had
declared their innocence
and some put forward
alibis. The defence of
some indicated that they
had acted in self-
defence or under
duress under extreme
provocation, or in the
belief they had
responded to a lawful
order.

Most recounted, atgreat
length, their exemplary
upbringing and back-
ground, and they pro-
tested their deep love
for Bishop and the other
deceased, two factors
which, they argued,
made it impossible that
they could be guilty of
the charges.
Final Charge
Chief Justice Byron
continued his summing
up of the defence
statements on Wednes-
day 3rd December and,
when the Court sat on
Thursday 4th Decem-
ber, the Judge gave his
final charge to the
jury.

On this day, the 11th
since the Chief Justice
began summing up the
evidence, and 230 days
since the jury was
empaneled, the accus-
ed were brought into the

Dock and the public
gallery was full.

Security around the
Court was strengthened
by members of the
Special Services Units
(SSU) of the Police
Forces of St Vincent, St
Lucia, Dominica and St
Kitts, 40 of whom had
flown into Grenada the
day before to bolster the
Grenada SSU who
provided security
throughout the trial.

There was an air of
expectancy in and
around the Courtroom
on that day (4th) as the
end of the trial
approached but there
was no sense of alarm
and a senior Police
Officer told NEWS-
LETTER the added
strength to the SSU was
"merely precautionary"

Most of the accused
wore drab looking
apparel, brown and
cream predominating,
hut Phyllis Coard was
dressed in a bright
green dress and had her
hair tied back with a
small, light-green
scarf.
Golden Thread
"I am about to ask you
to consider your
verdicts", Mr Byron
told the jury. "And I
remind you of the
golden thread which
runs through this trial
and that is that the
Prosecution must prove
their case, the accused
do not have to prove
their innocence".

The Chief Justice told
the jury they were not
to lump all ihe charges
into one bundle but
must consider each
separately and, if they
were not absolutely
convinced of the guilt o6f
the accused, the benefit
of any doubt should be
given to the accused.

The jury was to try to
be unanimous in their
decisions, the Judge
said, and there was no
time limit for their
deliberations.

However, if they did
not agree, three hours
would have to elapse
before they could
report that fact to
him.
Verdicts
The jury then retired at
10.51 am and returned
with their verdicts at
1.51 pm.

Before retiring, they
were supplied with a
verdict sheet which they
completed and from
which the foreman read
as he delivered the
verdicts. (See details on
Page 3)

Raeburn Nelson seemed
confused when Chief
Justice Byron told him
he could leave the
Dock.

Looking bewildered,
Raeburn came out of the
enclosure, returned tc
retrieve his notebook
and then gave
clenched fist farewell
salute to his former
comrades in the Dock.

He then joined his
mother in the public
gallery at the back of
the Dock and they left
the Courtroom entwined
in each oLbers arms and
with tears streaming
down their faces.

When asked by the
Judge if he had
anything to say,
Hudson Austin avowedly
that no one can say that
he ever killed a man.

"I know for sure", he!
said, "that the future
will reveal the truth"
Mercenaries
When he was asked,
Bernard Coard said, "A
man who is innocent of
a crime cannot be made
guilty of a crime he has
not committed by an
unconstitutional Coul
run by paid merce-
naries

In her turn, Phyllis!
Coard said she wasl
confident that evidence
will "leak out" to show
her innocence.

jurisdiction, he said.
Mr Ramsay said the Team was
"not withdrawing from the case,
as a whole" but would not
"cooperate" with any trial now
and, in the mean tmne, would
prepare the Appeal.
Contempt
"The position taken is in direct
defiance of my Court Order" the
1Chief Justice told Mr Ramsay,
"and I must consider taking
Contempt proceedings against all
of you*
Amplifying this at the next
sitting, Monday 14th April
1986, Mr Byron refused the
IDefence leave to withdraw on the
,terms they had set out and said
the Trial would continue. But,
on April 15th 1986, Mr Ramsay
told the Judge he (Byron) must
have misunderstood what he
(Ramsay) had said on April
11th.
"You must have thought we
intended to withdraw
temporarily", he said, "but we
wish to withdraw completely"

The Chief Justice challenged Mr
Ramsay that the Team's original
proposal had been for a partial
withdrawal, and what was being
subsequently proposed was a
complete withdrawal.
The Defence Leader replied that
his original proposal is subject to
"different interpretations" and,
at this point, the Defence Team
left the Courtroom.
On this day, April 15th 1986,
the Chief Justice attempted to get
each of the 19 accused to plead to
the charges against them.
The first eight gave no reply
when asked to plead. They are
Andy Mitchell, Vincent Joseph,
,Caiistus Bernard, Cosmos
Richardson, Lester Redhead,
Christopher Stroude, Fabian
Gabriel and Hudson Austin.
The nineth accused, Bernard
Coard, make a lengthy address
which was continued on the
following day, April 16th 1986.
*When he concluded. Liam
James, Leon Cornwall, John
Ventour. Dave Bartholomew,
Ewart Layne and Colville
iMcBarneue made no response
when asked to plead and then
Selwyn Strachan and Phyllis
Card addressed the Court.

Cecil Prime and Raeburn Contempt
Nelson were silent when asked to
plead and, when Prosecution This patten
eader, Mr Karl Hudson- out the tris
Phillips, was summing up what chanting, c
he saw as complaints made by whenever
Bernard and Phyllis Coard and stand or
by Selwyn Strachan, he was proceeding
noisily interrupted by Leon place.
Cornwall.
Each time,
Cornwall refused to take his seat from the C
when instructed by the Chief back whe,
Justice and then began an completed
incident which marked the start after April
of a pattern which, from that charges we
point, characterized the conduct
of the Trial. Invariably,
were return
Mr Byron ordered Cornwall's the Chief J
removal from the Court and all the testimo
the accused, with the exceptions give an o
of Cosmos Richardson, Fabian examination
Gabriel and Raeburn Nelson, offer was
began to chant, clap and
stamp. The jury
Noi.e Friday 18t
After some 5 minutes of unabated absence of
noise, the Chief Justice ordered had been
the 16 removed from the Court. Court beca
behaviour)
They were brought back, found 22nd April
guilty of Contempt of Court and accused we
sentenced, but, two days later, 18.
Friday April 18th, when an
attempt was made to empanel the On that da'
jury, the proceedings were again given a "c
disrupted with clapping, chanting the condil
and stamping, become a
He walked
This time, only Fabian Gabriel man.
and Raymond Nelson failed to
take part inthe disturbance. The Prosecutio
seventeen unruly defendants Hudson-Ph
were removed from the Court Court on "
and, when they were brought 1986, outli
back, they disrupted the Court case and, o
once more, and were again first witness
charged and sentenced for Matron of
took the st

n continued through-
al, with the accused
lapping and stamping
a witness took the
some other Court
was about to take

they were removed
courtroom and brought
n the witness had
giving evidence, but
18th no Contempt
re made.
when the accused
led to the Courtroom,
justice offered to read
ny to the accused and
opportunity for cross
n and, invariably, this
refused.
was empaneled on
h April 1986, (in the
the 17 accused who
removed from the
use of their disruptive
, and on Tuesday
1986, the ranks of the
.re reduced by one to
Pardon
y, Fabian Gabriel was
conditional pardon" on
ion that he would
Prosecution Witness.
out of the Dock a free

statements from the
Dock, some of con-
iderable length, and
Ithis exercise was not
:completed until October
2nd 1986.

At this stage, the
accused had the right to
address the jury and
!they argued that, if they
did not exercise this
'right, the Prosecution
would not have the right
to "reply".

On October 14th 1986,
the Chief Justice ruled
that, whether or not the
accused addressed the
jury, the Prosecution
would have the right to
"reply".
Declined
On October 20th 1986
the accused declined to
exercise their right to
address the jury and
Prosecution Leader. Mr
Karl Hudson-Phillips,
began his address to the
jury on Wednesday
22nd October 1986. He
completed this on
November 13th 1986,
!and on November 19th
1986 the Chief Justice
began his summing up
for the jury.

IHe completed this ex-
,ercise on December 4th
i1986 and the jury
retired and returned
with their verdicts on
the same day.

Raeburn Nelson was
found not guilty on all
charges and was dis-
ch'arhcl

The jury found Andy
Mitchell not guilty on
three charges, and
guilty of manslaughter
on eight charges. He
was sentenced by the
judge to 30 years in
prison.

Vincent Joseph and
Cosmos Richardson
were found guilty on 11
charges of manslaughter
and were each sen-
tenced to 45 years in
prison.

On instructions of the
Chief Justice, the jury
had previously returned
not guilty verdicts on
two charges against
Cecil Prime. He was
found guilty of murder
on the other nine
charges and was
sentenced to hang.,
The fourteen other
accused were found
guilty dS murder on all
eleven dcarges. The
are Callistus Berna
Lester Redhead, Chris-
topher Stroude. Hudson
Austin, Bernard Coard,
Liam James, Leon
Cornwall, John Ven-
tour, Dave Barthol-
omew, Ewart Layne,
Colville McBarnette,
Selwyn Strachan,
Phyllis Coard and Cecil
Primune.

RAIutIN rOM PAZ II 1
His particular care, he said, will be Prosecution
witness, Ann Neptune, a schoolgirl who lost her leg
as a result of the Fort Rupert shooting incident.

The ex-Peoples Revolutionary Army soldier said
that, before the 1979 Revolution. he was employed
with the Grenada Government in the Ministry of
Sport where his job had been to prepare cricket
pitches all over the State and to keep them in good
condition.

Raeburn told NEWSLETTER he intends to apply
for his old job and he expressed the hope that the
iNew National Government of Prime Minister
Herbert Blaize will not victimisee" him.

High Court declares Grenada
Supreme Court legal under
the "Doctrine of State
Necessity".

Parliament passes Act 1/1985
validating all laws passed by
the Peoples Revolutionary
Government and all Procla-
mations issued by the
Governor General.
Appeal Court declares
Grenada Supreme Court
"unconstitutional" but legal
under the "Doctrine of State
Necessity"